DRAFT WORK PLAN FOR THE 2021-2022 INTERIM
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For consideration on June 29, 2021
Rachel Weiss, Research Analyst
Law and Justice Interim Committee (LJIC)
DRAFT WORK PLAN
FOR THE 2021-2022
INTERIM
Purpose: To help the LJIC plan its interim and
establish work priorities. When finalized, the work
plan will provide guidance to the members, staff,
and public on how the LJIC will conduct its
business throughout the interim. It will serve as a
blueprint that allows the LJIC to complete its work
over the next 15 months.MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 1CONTENTS
Law and Justice Interim Committee Members and Staff ................................................................................................... 3
About the Law and Justice Interim Committee (LJIC) .......................................................................................................... 4
Committee Procedures and Public Participation ..................................................................................................................... 4
Proxy Votes ................................................................................................................................................................................... 5
How the LJIC Plans Its Work .................................................................................................................................................... 5
Developing a Work Plan ......................................................................................................................................................... 5
The Draft Decision Matrix ..................................................................................................................................................... 5
Instructions ............................................................................................................................................................................... 5
Work Plan Topics ......................................................................................................................................................................... 6
Senate Bill 303 Study of Inmate Telecommunications Contracts and Costs .................................................................. 6
Study Resolutions Assigned to the LJIC by the Legislative Council ................................................................................ 6
Statutory Duties and Obligations .......................................................................................................................................... 7
Required Reports ..................................................................................................................................................................... 8
Additional Topics for LJIC Discussion ................................................................................................................................ 9
Individual Member Research Requests ..................................................................................................................................... 9
Draft 2021-2022 LJIC Work Plan Timeline ........................................................................................................................... 10
SB 303 Study of inmate telecommunications contracts and costs ...................................................................................... 12
HJ 4 Study of criminal proceedings for people with mental illness .................................................................................... 14
HJ 29 Study of victim services and funding ........................................................................................................................... 16
HJ 31 Study of criminal justice system data in Montana ...................................................................................................... 17
HJ 40 Study of the Judicial Standards Commission .............................................................................................................. 19
SJ 26 Study of Montana Women's Prison............................................................................................................................... 21
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 2LAW AND JUSTICE INTERIM COMMITTEE MEMBERS AND STAFF
Committee Members Phone Email
Senator Bryce Bennett 406-546-3629 bennettformontana@gmail.com
Senator John Esp 406-932-5662 johnesp2001@yahoo.com
Senator Jen Gross 406-696-0649 Jen.Gross@mtleg.gov
Senator Ryan Lynch 406-498-6625 Ryan.Lynch@mtleg.gov
Senator Tom McGillvray 406-698-1119 Tom.McGillvray@mtleg.gov
Senator Keith Regier 406-756-6141 Keith.Regier@mtleg.gov
Representative Laurie Bishop 406-223-1122 Laurie.Bishop@mtleg.gov
Representative Frank Fleming 406-697-9354 fleminglor5@gmail.com
Representative Donavon Hawk 406-578-1233 Donavon.Hawk@mtleg.gov
Representative Emma Kerr- 406-894-0377 Emma.KC@mtleg.gov
Carpenter
Representative Amy Regier 406-253-8421 Amy.Regier@mtleg.gov
Representative Barry Usher 406-252-2888 Barry.Usher@mtleg.gov
Staff Phone Email
Rachel Weiss, Research Analyst 406-444-5367 rweiss@mt.gov
Julianne Burkhardt 406-444-4025 jburkhardt@mt.gov
TBD, Secretary 406-444-3064
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 3LJIC WORK PLAN, 2021-2022 -- DRAFT
ABOUT THE LAW AND JUSTICE INTERIM COMMITTEE (LJIC)
The LJIC is one of several interim committees established by law and required to meet in the months between
regular legislative sessions. Interim committees provide oversight for the various state agencies, perform interim
studies as needed and as assigned by the Legislative Council, and propose legislation for consideration at the next
legislative session. The interim committees also give Montana's citizens an opportunity to provide testimony about
their experiences with state government.
The LJIC is responsible for monitoring the activities of the
Office of the State Public Defender (OPD), the Department
THE DRAFT WORK PLAN FOR THE
of Corrections (DOC), the Department of Justice (DOJ) 1, and
2021-2022 INTERIM INCLUDES:
any entities attached to those agencies for administrative
purposes. The administratively attached entities 2 that the LJIC
• Background on the LJIC and its
monitors are:
duties;
• the Board of Pardons and Parole (attached to DOC); • A description of potential interim
• the Board of Crime Control (attached to DOJ); and work topics and plans to address
• the Gaming Advisory Council (attached to DOJ). those topics; and
• A suggested meeting schedule.
The committee also serves as the liaison to the Judicial Branch.
COMMITTEE PROCEDURES AND PUBLIC PARTICIPATION
The LJIC is subject to the Legislative Council's Rules, Procedures, and Guidelines for Interim Committees. The
rules and guidelines give structure to and provide requirements for the interim committees' work, including public
notice and participation requirements, parliamentary procedures, legislative reimbursement, and the use of staff. The
Council also suggests that interim committees complete their work by September 15, 2022.
A 10-day advance public notice will be given for all regular meetings, and the public will be given an opportunity to
comment on any matter that is within the jurisdiction of the committee during meetings. The presiding officer may
establish time limits for public comment, if necessary.
Meeting agendas, memos, links and other information can be found on the LJIC website:
https://leg.mt.gov/committees/interim/ljic/. Interested persons may also sign up to receive electronic meeting
notifications at https://public.govdelivery.com/accounts/MTLSB/subscriber/new.
1
Except for the Motor Vehicles Division, which will be overseen by the Transportation Interim Committee.
2
The Public Safety Officer Standards and Training (POST) Council remains administratively attached to the DOJ with staff provided
by a bureau of the DOJ (House Bill 693, 2021 Legislature).
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 4PROXY VOTES
The Legislative Council's Rules, Procedures, and Guidelines guide the use of proxy votes in interim committees.
Generally, the use of proxies is discouraged. However, "[f]or the exercise of a proxy to be valid, the deputized
member shall hold a written proxy from the absent member." [Legislative Council's Rule, page 2] Unless the LJIC
approves a different proxy policy, the Legislative Council policy applies.
During the 2019-2020 interim, the LJIC used the Legislative Council policy. Written proxies were given to the
deputized member, the presiding officer, and staff, often by email.
HOW THE LJIC PLANS ITS WORK
DEVELOPING A WORK PLAN
The LJIC establishes its work plan at the beginning of the interim by revising the work plan during the
organizational meeting and finalizing it at the fall meeting, if needed. The work plan is a blueprint for the interim.
The primary constraint limiting the committee's work during the interim is the number of issues that can be
effectively addressed within the available time and resources of the committee members and its staff.
This 2021-2022 work plan sets priorities and outlines how and where the LJIC will allocate its time and resources.
Staff will use decisions made at the organizational meeting in June to develop plans to complete the committee's
work by the September 15, 2022, interim end date.
The work plan is flexible and can be adjusted by the LJIC later if other issues require the committee's attention.
THE DRAFT DECISION MATRIX
The attached LJIC Work Plan Decision Matrix, a separate document, is a way to look at the topics side by side and
review time allocations to each topic. It is used in conjunction with this draft work plan.
INSTRUCTIONS
1. Review the potential topics, including assigned studies, statutory duties, and any member-suggested topics
presented with this work plan or suggested during the committee's work session.
2. Prioritize the topics you want the LJIC to focus on this interim.
3. Select the FTE you wish to allocate to each of the topics in which you're interested. The proposed FTE and
corresponding level of study may be adjusted by the LJIC. The total allocation available is 0.75 FTE.
The options you chose should add up to no more than 0.75 FTE. Use the draft decision matrix to assist you
with this process.
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 5WORK PLAN TOPICS
Work plan topics include study resolutions enacted by the 2021 Legislature and assigned to committees by the
Legislative Council. It also includes statutorily assigned responsibilities and study topics suggested by legislators.
Each is discussed further in this section.
SENATE BILL 303 STUDY OF INMATE TELECOMMUNICATIONS CONTRACTS AND COSTS
Senate Bill No. 303 (SB 303) requires the LJIC to study inmate telecommunications contracts and costs, including
contracts for services provided in state prisons, other state-owned or operated facilities and county detention
centers. Because the Legislature enacted the study in a bill, the LJIC is required to conduct the study. For that
reason, the study choices offered to the committee do not include an option to do nothing with it.
A study plan for SB 303 is on page 12.
STUDY RESOLUTIONS ASSIGNED TO THE LJIC BY THE LEGISLATIVE COUNCIL
The Legislative Council assigned 5 studies to the LJIC for the 2021-2022 interim:
• HJ 4: Study of criminal proceedings and commitment of people with mental illness
• HJ 29: Study of victim services and funding in Montana
• HJ 31: Study of criminal justice system data in Montana
• HJ 40: Study of the Judicial Standards Commission
• SJ 26: Study of the Montana Women's Prison
Priorities for each study are expressed in staff
hours (or FTE). Most studies have 3-4 options
ranging from a full-blown, in-depth study to
no action. While the LJIC can chose its
preferred level of involvement for each study,
most interim studies can be broken into three
main stages:
• Stage 1: Compile Background
Information – This stage is usually the
most expansive stage and includes several
steps designed to help an interim
committee gather background information
about a study topic. It sets the foundation
for the rest of the committee's work in the policy area. Information is usually generated from reviews of
existing laws, other legislative staff research, and information provided by stakeholders through panel
presentations or written materials.
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 6• Stage 2: Identify and Research Issues – In this stage, committee members identify problems that could
addressed through further study, legislation, or other action. Study activities in Stage 2 can include further
research from legislative staff and additional presentations from stakeholders or policy experts.
• Stage 3: Develop/Finalize Recommendations – After compiling background information, identifying
issues, and researching options, the committee can discuss and act on recommendations it wants to make to
the Legislature or others and on any legislation it wants to forward to the next Legislature.
If the LJIC chooses to take no action on a study, it should inform the Legislative Council of the recommendation.
Study plans for each study start on page 12.
STATUTORY DUTIES AND OBLIGATIONS
The LJIC is assigned other responsibilities from several statutory sources, including the main statute guiding all
interim committees' work: section 5-5-215, MCA.
1. Conduct interim studies as assigned. The committee may recommend to the Legislative Council that a
study be assigned to another committee or not be conducted.
2. Review administrative rules of the agencies assigned to the LJIC for oversight. A list of those agencies is
on page 4 of this document.
3. Review legislation proposed by the agencies and the Judicial Branch. Bills requested by an individual
member of the Legislature are not subject to this requirement. The review and authorization process is not
an endorsement by the LJIC of the agency proposals.
4. Complete additional statutory duties including receiving reports required by law to be given to the LJIC.
5. Monitor the operation of the agencies assigned to the LJIC with specific attention to the following:
a. identification of issues likely to require future legislative attention;
b. opportunities to improve existing law through the analysis of problems; and
c. experiences of Montana's citizens with the operation of the agency that may be amenable to improvement
through legislative action.
6. Review proposed ballot initiatives in the LJIC's subject area. (This duty is new in 2021 and might require
the LJIC to hold additional meetings to accomplish the review in the timeline required by law.)3
7. (Committee driven): Prepare bills and resolutions that, in the committee's opinion, the welfare of the state
may require for presentation to the next regular session.
8. (Committee driven): Compile, analyze, and furnish information bearing on the committee's assignment and
relevant to existing or prospective legislation that the committee determines to be pertinent to the adequate
completion of its work.
The LJIC is also required by section 5-5-226, MCA to act as the liaison with the judiciary. In this capacity, the
committee gets updates from court members and staff, receives statutorily required reports, and reviews the Judicial
Branch's requested legislation.
3
Required by Chapter 554, Laws of 2021 (HB 651).
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 7REQUIRED REPORTS
Various laws require agencies to report information to the LJIC. In addition to other statutory reports, HB 693, the
companion bill for the Section D portion of House Bill No. 2 in the 2021 session, requires numerous agency reports
to the LJIC.
Agency or Branch Description Law and Timeline*
Judicial Branch Out-of-home placements report Biennially, section 41-3-2003
Judicial Branch Pending civil cases report Quarterly for fiscal year, HB 693
(2021)
Department of Justice Domestic Violence Fatality Review Biennially, section 2-15-2017
Commission report
Department of Justice Statewide Public Safety Biennially, section 44-4-1606
Communications System report
Department of Justice Montana False Claims Act report Biennially, section 17-8-416
Department of Justice Child Abuse and Neglect Review Biennially, section 41-3-123
Commission report (temporary)
Department of Justice HB 640 status report on childhood Annually by 9/1, section 41-3-210
sexual assault prosecutions
Department of Justice HB 640 status report since 2021 By 8/1/21, HB 693 (2021)
session
Department of Justice POST Council transition report Not specified but customarily each
regularly scheduled LJIC meeting,
2-15-2029 (temporary)
Department of Justice Human trafficking investigations By 9/1/22, HB 693 (2021)
Department of Justice Referrals to Internet Crimes Against By 9/1/22, HB 693 (2021)
Children funded programs and
investigations
Department of Justice Treatment court expungement By 9/1/22, HB 693 (2021)
report
Board of Crime Control Restorative justice grant programs Annually, section 44-7-302
Department of Corrections MIIG supervision grid Annually, section 46-23-2028
Department of Corrections Quality Assurance Unit Annually, section 53-1-211
Department of Corrections Utilization of drug treatment beds Quarterly for biennium, HB 693
(2021)
Department of Corrections Rental voucher program By 9/1/22, HB 693 (2021)
Department of Corrections MWP vocational programming By 9/1/22, HB 693 (2021)
options
Department of Corrections Jail holds update Quarterly for biennium, HB 693
(2021)
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 8Department of Corrections Report on new felony and By 9/1/22, HB 693 (2021)
revocations for compliance
violations between 2021 and 2022
for offenders on supervision or in
DOC custody from 2015 to 2021
Office of State Public Defender Biennial report Biennially, section 47-1-125
Office of State Public Defender 5-year funding report Every 5 years, 47-1-125 (next due
(technically the Legislative Fiscal FY 2024)
Division)
Criminal Justice Oversight Council Biennial report Biennially, section 53-1-216
* Unless otherwise stated, biennial reports are usually due by September 1 of the year prior to a legislative session.
ADDITIONAL TOPICS FOR LJIC DISCUSSION
Typically, the LJIC members allocate committee and staff time to gather information or provide updates on topics
that were the subject of recent legislation or recent LJIC attention or issues that may emerge during the interim.
During the previous interim, the LJIC reviewed 20-year histories of agency expenditure data and received budget
updates from the Legislative Fiscal Division staff, examined pretrial decisionmaking laws and best practices, and
received regular updates from the Department of Corrections on developments from the COVID-19 pandemic.
Due to the recent flurry of legislative activity in the criminal justice realm, there are numerous topics the LJIC could
choose to designate committee time to study. However, given the number of studies assigned to the LJIC this
interim, time to pursue other topics might be limited if the committee plans to dive deep into one or more of the
study topics. Many issues will overlap with the committee's routine agency oversight duties, so there is flexibility for
the committee to choose what issues of interest should be covered and in what manner.
A list of possible issues and FTE allocations is provided in the attached work plan decision matrix. State created the
initial issue list from issues raised prior to the meeting. However, the committee is not limited to choices on that list.
It is merely a selection of possibilities. Members should discuss and decide upon their actual priorities during the
organizational meeting. If additional issues emerge over the course of the interim, the LJIC is free to revise the work
plan to accommodate its changing needs. The LJIC's focus on the Department of Corrections' response to the
COVID-19 pandemic in 2020 is one example of an event spurring a work plan revision.
INDIVIDUAL MEMBER RESEARCH REQUESTS
Individual members of the committee may seek additional information on issues that fall under the jurisdiction of
the LJIC. These issues may be raised by constituents, may be emerging problems in Montana or other states, or may
be of interest to a particular member. If the committee chooses not to pursue information on a topic, the individual
committee member may submit a research request. Under rules adopted by the Legislative Council, a staff member
may provide up to 16 hours of research for a request that is not included in a committee's work plan unless the
presiding officer of the interim committee approves additional research time.
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 9DRAFT 2021-2022 LJIC WORK PLAN TIMELINE
The following meeting dates provide a tentative schedule for the interim. This work plan proposes 10 meeting days,
excluding the organizational meeting. The LJIC was allocated approximately $48,880 as an interim budget to cover
committee members' salary, per diem, travel reimbursements, and administrative expenses. If the LJIC forms a
subcommittee, money must be allocated from the budget to cover these costs, and the number of meeting days for
the full committee may be reduced. A more specific outline of potential tasks for each meeting will be tracked in a
separate meeting chart once the LJIC adopts a work plan.
Committee members may change the dates or number of meetings as their schedules and the budget allow to better
reflect their needs for the interim and any changing priorities as the interim progresses. However, because the LJIC
shares 9 members with a combination of 7 other interim committees and shares staff with other commissions and
committees, changing or adding meeting dates after the LJIC adopts a work plan will be difficult this interim.
June 29, 2021 Organizational Meeting.
- Interim work plan prioritization and other organizational tasks
- Agency introductions and overviews
- Selection of studies and topics
September 13, 2021 1-day meeting.
- Adoption of final work plan
- Review of initial interim meeting chart and future meeting topics
- Start studies and continue agency oversight
October 28-29, 2021 2-day meeting.
- Continue studies and agency oversight
January 19, 2022 1-day meeting.
- Continue studies and agency oversight
March 21-22, 2022 2-day meeting.
- Continue studies and agency oversight
- Develop/discuss any draft recommendations
- Develop topics for final reports, if any
May 9-10, 2022 2-day meeting.
- Continue studies and agency oversight
- Develop/discuss any draft recommendations
- Revise/review draft study documents
- Revise recommendations, proposed legislation
June 28, 2022 1-day meeting.
- Develop/discuss any draft recommendations
- Revise/review draft study documents
- Revise recommendations, proposed legislation
- Authorize agency bill draft requests
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 10August 29, 2022 Final meeting.
- Final approval of recommendations, reports, proposed legislation
- Select bill sponsors
- Authorize agency bill draft requests
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 11SB 303 STUDY OF INMATE TELECOMMUNICATIONS CONTRACTS AND COSTS
STUDY BACKGROUND
Sponsor: Sen. Tom McGillvray
Poll Rank: Not applicable, assigned by law
The House Judiciary Committee amended SB 303 to remove the bill's substantive provisions that revised rates that
the state could charge inmates for phone calls and limited fees that could be charged by state and local facilities for
inmate telecommunication services. The amendment required the LJIC to study the topic in the interim. Committee
discussion during executive action indicated members understood the importance of the issue with the public, noted
the Department of Corrections and the sheriffs' association were willing to help with the study, and preferred to
take legislative action related to the telecommunications contracts. However, existing contracts and differences
between the operation of state and local facilities complicated the issues, so the legislators decided a study would be
the best option to generate information for the next Legislature.
The amendment also required the Legislative Audit Division to conduct a performance audit of the inmate welfare
fund, which is partially funded by revenues from the state's contract for inmate telecommunications services. The
results should be reported to the Legislative Audit Committee, the LJIC, and the 2023 Legislature.
STUDY TASKS
SB 303 requires the LJIC to:
• examine current phone call rates and ancillary fees charged by state prisons/facilities and county detention
centers;
• review cooperative purchasing agreement laws to determine how the state and counties could partner to
provide for telecommunications services;
• review methods used in other states to provide telecommunications services to state and local inmates,
including whether states use general fund appropriations to subsidize phone rates for inmates;
• review studies to determine if inmate recidivism is lowered by continued contact with families and friends
while incarcerated;
• examine the statutory basis for the inmate welfare fund, including funding sources and expenditures;
• review federal rate caps for interstate calls from state prisons and detention centers and any effects federal
law might have on state and local telecommunications contracts; and
• determine, if possible, the lowest cost that could be assessed to inmates in state and county facilities for
phone calls.
STUDY RESOURCES
While conducting the study, the LJIC will rely heavily on the Department of Corrections' staff and staff for the
private and regional prisons. Because the study includes a review of county detention centers' rates, input from
county sheriffs and the detention center commanders will be essential.
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 12In addition, SB 303 requires the LJIC to consult with other stakeholders, including families of incarcerated or
detained individuals, organizations advocating on behalf of those individuals, and telecommunications services
providers. The LJIC might also contact staff of other states' corrections departments to gather input or advice on
other contract options or models the LJIC could consider.
The LJIC will also need to coordinate with the Legislative Audit Committee to ensure the LJIC receives an update
on the results of a performance audit of the Inmate Welfare Fund (IWF) that is required in SB 303.
OUTLINE OF STUDY PROCESS AND POTENTIAL ACTIVITIES
SB 303 is a required study with an expansive scope, so the earlier in the interim the LJIC can engage in the study
topics, the more likely members will be to gather the information they feel will best assist the 2023 Legislature
consider any legislation on this topic.
Option A Option B Option C Option D
0.45 FTE 0.25 FTE 0.15 FTE 0.02 FTE
° All of Option B ° All of Option C except ° Receive audit report ° Receive audit report
° Additional staff IWF presentation ° Direct staff to acquire ° Panel presentations to
research on cooperative ° Staff research on current rate information
gather stakeholder
purchasing in other states cooperative purchasing for DOC facilities,
° Staff research or expert laws in MT, how other regional and private feedback on the IWF,
presentation on states provide services, prisons, and county other topics, options, and
recidivism studies and and the IWF detention centers, and on any draft legislation
rates Deliverables federal caps
Deliverables ° Panel presentations to
° Staff papers gather stakeholder Deliverables
° Staff papers ° Study summary feedback on the IWF, ° Study summary
° Final report ° Legislation other topics, options, and ° Legislation
° Legislation any draft legislation
Deliverables
° Staff papers
° Study summary
° Legislation
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 13HJ 4 STUDY OF CRIMINAL PROCEEDINGS FOR PEOPLE WITH MENTAL ILLNESS
STUDY BACKGROUND
Sponsor: Rep. Mary Caferro
Poll Rank: 7 of 28
Montana is one of four states in the United States that does not allow a criminal defendant to raise the so-called
"insanity defense" to avoid conviction on the grounds that the defendant was suffering from a mental disorder that
made the defendant unable to understand the criminal nature of the acts at issue or to confirm to the requirements
of law. The Montana Legislature eliminated the insanity defense in 1979. Instead, Montana uses medical legal
categories for criminal defendants and offenders, including guilty but mentally ill, not guilty due to mental illness,
and unfit to proceed to trial. If a judge determines that a person was guilty of a crime but suffered from a mental
disorder at the time the crime was committed, the judge must sentence the person to the director of the
Department of Health and Human Services (DPHHS) for placement in an appropriate facility. An increasing
number of these adult commitments has placed pressure on the department and its facility for people who have
been criminally committed to the department. Since the creation in 2016 of the 54-bed Forensic Mental Health
Facility at Galen for adults who are criminally committed to DPHHS, the Legislature has not closely examined the
facility's role in the mental health and criminal justice system.
STUDY TASKS
HJ 4 asks the interim committee to:
• analyze the legal framework of the existing statutes for determining criminality of defendants with mental
illness, including disposition, treatment, sentencing, conditional release, and monitoring of the defendants;
and
• examine the use of the Forensic Mental Health Facility, including criteria for admission, costs of operation,
transfers to the Montana State Prison or other correctional facilities, availability of the facility for people
being held in local correctional facilities, and the optimal use of the facility in Montana's mental health and
criminal justice systems.
STUDY RESOURCES
The staff attorneys for the LJIC and the Children, Families, Health and Human Services (CFHHS) Interim
Committee will be key resources given their experience studying the topic and drafting bills related to it. The
DPHHS staff can provide information related to admissions criteria for Galen, numbers of people placed at the
facility and the reasons, and feedback on what might be the optimal role for the facility. Other state government
stakeholders who might provide data or perspectives are the Office of Public Defender, the Department of
Corrections, and district court judges. The LJIC will want to seek perspectives from community and family
stakeholders when determining the optimal role for Galen or reviewing potential changes to state law. The National
Conference of State Legislatures (NCSL) might provide cross-state comparisons of use of the insanity defense and
of the treatment of the mentally ill in communities and in the criminal justice system.
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 14TIME ALLOCATIONS AND POTENTIAL ACTIVITIES
Option A Option B Option C Option D
0.00 FTE 0.10 FTE 0.02 FTE 0.00 FTE
° All of Option C ° Panel discussion(s) to No Action
° Staff papers on existing review laws in Montana
Montana laws, legal and other states, use of
framework in other states, Galen facility, and
recent U.S. Supreme stakeholder perspectives
Court ruling on topic, data of alternatives including
on use and cost of Galen prior legislation
facility Deliverables
° Travel to Galen (if ° Study summary
wanted) ° Legislation
Deliverables
° Staff papers
° Study summary
° Legislation
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 15HJ 29 STUDY OF VICTIM SERVICES AND FUNDING
Sponsor: Rep. Neil Duram
Poll Rank: 22 of 28
Federal grant funds from the Victims of Crime Act, the Violence Against Women Act, and the Sexual Assault
Services Program provide the bulk of victim services funds in Montana. The state does not provide General Fund
appropriations to victim services programs. Because the federal funding streams fluctuate and have become
unstable, local programs relying on those grant funds face funding uncertainty and pressure.
STUDY TASKS
HJ 29 asks the LJIC to explore how the state can support victim services programs and ensure that these programs
will be adequately and sustainably funded.
STUDY RESOURCES
The Board of Crime Control (MBCC) receives and disburses to local recipients much of the federal funding for
victim services and programs. Recently the MBCC convened meetings of victim services stakeholders to review
victim services programs' goals, priorities, and needs. Stakeholders include advocates from community-based
programs, advocates from government programs (county and state), tribal programs, courts, county attorneys, and
public defenders. They will be essential resources for most stages of the study. MBCC staff can provide information
on current funding sources and amounts. Because the LJIC conducted a study of the MBCC last interim, it can rely
on previously gathered background information and committee expertise for the HJ 29 study.
TIME ALLOCATIONS AND POTENTIAL ACTIVITIES
Option A Option B Option C Option D
0.00 FTE 0.10 FTE 0.02 FTE 0.00 FTE
° All of Option C ° Panel discussions to No Action
° Staff paper examining summarize stakeholder
how other states fund group meetings, identify
victim services current funding sources
Deliverables and allocation levels,
projected funding gaps,
° Staff paper(s) and opportunities for new
° Study summary sources
° Legislation ° Round table discussion
to gather feedback on
draft legislation, if wanted
Deliverables
° Study summary
° Legislation
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 16HJ 31 STUDY OF CRIMINAL JUSTICE SYSTEM DATA IN MONTANA
STUDY BACKGROUND
Sponsor: Rep. Frank Fleming
Poll Rank: 3 of 28
Although most state, tribal, and local criminal justice agencies collect data, Montana does not have a central
database or clearinghouse. That absence can limit the state's ability to identify areas that might benefit from
statutory changes and to track the effectiveness of improvements to criminal justice system processes and
interventions. The 2017 Legislature enacted multiple bills to restructure parts of the state's criminal justice system.
However, tracking the effectiveness of those changes has been hindered by the lack of accurate, complete data from
arrest to release from prison or supervision. Local criminal justice system data, including charging decisions, can be
difficult to obtain but is crucial to understanding the statewide system and comparing outcomes in different
jurisdictions. Although criminal justice data, its quality, and its use to measure criminal justice system outcomes are
often discussed in legislative hearings, these topics have not been the focus of an interim study.
STUDY TASKS
HJ 31 asks the interim committee to:
• inventory existing statutory requirements to collect data related to the criminal justice system;
• identify what criminal justice system data elements are currently collected and maintained by state and local
governments;
• review how all data elements are being collected, maintained, or reported, including but not limited to the
software programs or technologies used in the collection, maintenance, or reporting of the data;
• review national best practices related to the collection and accessibility of criminal justice system data and
other states' use of data portals to provide public access to criminal justice system data;
• assess if the data collected or recommended to be collected on offenders and programs will provide criminal
justice agencies, the Legislature, and the public adequate information to determine whether state resources
are being used efficiently and effectively to achieve the state's correctional and sentencing policy;
• identify any gaps in the data or accessibility to the data for research purposes and for use by system
stakeholders and policymakers; and
• recommend solutions to improve and fund the comprehensive and consistent collection, maintenance,
analysis, and accessibility of criminal justice system data at the state and local levels.
STUDY RESOURCES
At least two national organizations have circulated model bills related to collection of criminal justice data elements.
Those organizations and other stakeholders can provide critical expertise and input on the LJIC's work. Because of
the study's breadth, government stakeholders at every level of the criminal justice system would need provide
information on their data collection activities, offer suggestions of improvements, and offer feedback on any
recommendations or draft legislation the LJIC might develop. The state-level stakeholders include the Judicial
Branch, the Department of Corrections, the Department of Justice, the Board of Crime Control, the Office of State
Public Defender, and the Department of Public Health and Human Services. County attorneys, county
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 17sheriffs, courts of limited jurisdiction, and city and county government officials all play a role in local criminal justice
data collection. Data is also collected and reported by tribal governing bodies and law enforcement officials. Other
non-governmental stakeholders can provide suggestions and feedback as the LJIC narrows its focus and develops
recommendations and legislation.
TIME ALLOCATIONS AND POTENTIAL ACTIVITIES
This study is a large study and could easily occupy the LJIC's full attention for most of the interim should the LJIC
choose to devote their time and that of their staff to it.
Option A Option B Option C Option D
0.50 FTE 0.30 FTE 0.15 FTE 0.00 FTE
° All of Option B except ° Staff paper on existing ° Staff paper on existing No Action
staff research would be statutes requiring statutes requiring data
on all data elements collection of data collection
collected by agencies and ° Staff research into what ° Review existing model
not limited to elements data elements listed in legislation on data
from the model model legislation agencies collection, direct staff to
legislation collect currently draft similar legislation
° Staff research on best
practices ° Review existing model ° 2-3 panel discussion(s)
° Collect agencies' data legislation on data on:
reporting policies collection, direct staff to ° current data collected
° Additional panel draft similar legislation ° other states' efforts and
discussions on topics ° Panel discussions on: costs
identified by the LJIC ° best practices ° identification of gaps
° other states' efforts and and solutions to improve
Deliverables costs collection/dissemination
° identification of gaps of data
° Summary of existing ° the draft MT legislation
statutes and solutions to improve
collection/dissemination based on model bills
° Other staff papers
° Collection of data of data Deliverables
reporting policies ° the draft MT legislation ° Summary of existing
° Final report based on model bills statutes
° Legislation ° other issues identified by ° Study summary
the LJIC ° Legislation
Deliverables
° Summary of existing
statutes
° Other staff papers
° Study summary
° Legislation
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 18HJ 40 STUDY OF THE JUDICIAL STANDARDS COMMISSION
STUDY BACKGROUND
Sponsor: Rep. Bill Mercer
Poll Rank: 13 of 28
The Montana Constitution provides for the removal and discipline of judges and requires that the Legislature create
a Judicial Standards Commission. In the laws governing the commission, the Legislature provides authority to the
Legislative Auditor "to determine whether [the commission] is efficiently and effectively processing complaints
against judicial officers in the state," and gives the auditor the right to access otherwise confidential materials related
to the commission. In 2021, the Legislature considered several bills related to the removal and discipline of judges
and the Judicial Standards Commission.
HJ 40 also requested that the Legislative Audit Committee (LAC) prioritize a performance audit of the commission.
The resolution noted that the Legislature has not yet conducted an interim study of the Judicial Standards
Commission but would benefit from the suggested two-pronged review approach of an audit and study.
STUDY TASKS
HJ 40 asks the interim committee to:
• review the history, structure, and operation of the Judicial Standards Commission and other topics selected
by the committee;
• examine methods used by others states to resolve complaints against judicial officers; and
• involve the public and other stakeholders identified by the committee.
In addition, HJ 40 requests that the LJIC review the results of a performance audit and requests legislation to
implement any recommendations from the audit.
STUDY RESOURCES
The LJIC will rely on input from the current and former members of the Judicial Standards Commission as well as
testimony from stakeholders ranging from judicial officers, members of the bar, and the public. If the LAC
members prioritize the HJ 40 audit and if its results are available prior to the LJIC's final meeting, the LJIC
members will benefit from the LAC's review of otherwise confidential materials.
TIME ALLOCATIONS AND POTENTIAL ACTIVITIES
One decision point for the LJIC is whether and to how to coordinate its work with that of the LAC.
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 19Option A Option B Option C Option D
0.20 FTE 0.10 FTE 0.005 FTE 0.00 FTE
° Staff research on ° Staff paper on history, ° Audit results No Action
methods used in other
structure of commission, presentation (if available)
states to handle
complaints including constitutional
convention history and, Deliverables
° Staff research and panel
legislative history of ° Study summary
presentations on other
topics selected by LJIC statutes ° Legislation
° Panel discussion or
Deliverables roundtable discussion on
° Staff papers structure, history of
° Study summary commission, including
° Legislation panelists' views on current
commission operations
and ideas for changes
° Audit results
presentation (if available)
Deliverables
° Staff paper
° Study summary
° Legislation
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 20SJ 26 STUDY OF MONTANA WOMEN'S PRISON
STUDY BACKGROUND
Sponsor: Sen. Diane Sands
Poll Rank: 23 of 28
The Montana Women's Prison (MWP) is located in Billings. The DOC purchased the current prison building in
1994. It previously served as a psychiatric hospital before being converted to a prison facility, and its last major
expansion occurred in 2003. The prison has 250 beds and houses approximately 225 felony inmates, a significant
number of whom are American Indian. Access to educational opportunities and job training is not adequate or
equal to those in the men's facilities. In addition, the MWP has an aging inmate population and lacks a geriatric
facility comparable to that available for male inmates.
STUDY TASKS
SB 26 asks the interim committee to examine:
• the adequacy of the prison facility to meet the living, programming, training, and educational needs of the
inmate population;
• the adequacy of the facility to meet the unique needs of an aging population;
• the demographics of the inmate population, including the number of women of color, veterans, inmates
who are parents, educational level, and crimes for which they were sentenced;
• available and needed workforce training programs, educational programs, and counseling and therapeutic
resources, including those resources specific to survivors of sexual assault and violence and other Adverse
Childhood Experience Score traumas and for the special and medical needs of women who are parents,
veterans, and Indigenous or people of color;
• the adequacy of Prison Rape Elimination Act programming, training, and reporting procedures related to
sexual assault in the prison;
• issues related to discharge and parole, reentry programs, diversion opportunities specific to women, and the
number of women who reenter the corrections system through violations of community supervision terms
or through conviction for a new crime; and
• the number of female youths in the custody of the Department of Corrections, including the nature of the
residential placements and programs available for those female youths.
STUDY RESOURCES
The Department of Corrections recently contracted for a Strategic Development Master Plan for department
facilities, including facility analysis and recommendations for the MWP. The MWP staff will also be key sources of
information for the study.
TIME ALLOCATIONS AND POTENTIAL ACTIVITIES
During hearings, the study sponsor noted that the study was broad and presented opportunities for topics to be
studied either at the 10,000 foot level and the 5 foot level. The options below are designed to present both the
deep-dive approach and the higher-level review.
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 21Option A Option B Option C Option D
0.25 FTE 0.15 FTE 0.05 FTE 0.00 FTE
° All of Option B ° All of Option C ° DOC staff or consultant No Action
° Staff paper(s) on ° Staff paper(s) on the review of recent strategic
additional topics demographics of inmate master plan aspects
identified by the population, and PREA relating to MWP
committee background ° Receive DOC report on
° Additional panels on vocational programming
topics identified by the ° Tour MWP as options (HB 693)
committee or roundtables committee (if wanted)
° 1-2 panel discussion(s)
discussing options for ° Additional panels on to review available
new facilities topics identified by the programming at MWP
Deliverables LJIC and gaps, adequacy of
° Staff papers Deliverables facility, and proposed
° Final report solutions/costs
° Staff paper(s)
° Legislation ° Study summary Deliverables
° Legislation ° Study summary
° Legislation
MONTANA LEGISLATIVE SERVICES DIVISION
Office of Research and Policy Analysis 22You can also read
